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Recognizing a Moral Hazard in the Underwriting of Insurance
\\n\\nThe moral hazard is the increase in uncertainty caused by personal acts of individuals. These acts may contribute to the probability or severity of loss. The individual creating the problem may be the policyholder or another person. In either case the chance of loss is increased. A moral hazard may be present in every line of insurance. No underwriter can ignore it without incurring an increased risk of substantial loss. The moral hazard is very difficult to detect and therefore very dangerous to the insurer. "Moral hazard\\u201d is the term used to denote the incentive that insurance can give an insured to increase the risky behavior covered by the insurance. [May Dept. Stores, 305 F.3d 597, Erickson-Hall Constr. Co. v. Scottsdale Ins. Co. (S.D. Cal., 2019)] The competent underwriter, and adjuster, recognize that moral hazard describes a policyholder who deliberately causes loss by, for example: setting fire to his or her building or automobile; conspiring with thieves to steal his or her cargo-laden truck; making false entries in his or her accounts in order to justify a claim for nonexistent property; or reporting a burglary that never took place at his or her home or business. Some underwriters think only of the intentional fraud when they use the term \\u201cmoral hazard.\\u201d If an applicant reveals such a fraudulent intent, no sane underwriter would agree to insure him. It is for the adjuster to discover it and warn the underwriter against maintaining the risk in the future. However, most moral hazards are not of this deliberate type. There are many cases when the attitude of the policyholder has increased the hazard, without any thought of a deliberate act. The moral hazards described below can be controlled by an effective and knowledgeable underwriter. \\xa9 2021 \\u2013 Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com. Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award. Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals. Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \\u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4
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